A SPECIAL court on Tuesday restored proceedings against Maharashtra minister Chhagan Bhujbal, his son Pankaj, nephew Sameer Bhujbal and others related to complaints filed in 2021 by the Income Tax department alleging ‘benami assets’, two years after they were quashed.
The applications seeking to restore the cases back to the stage they were originally at, were filed by the deputy commissioner of Income Tax, Benami Prohibition Unit-I in Mumbai, in December 2024, citing Supreme Court order.
In 2021, the Income Tax department had initiated proceedings under the Prohibition of Benami Property Transactions Act, against the Bhujbals and others including Satyan Appa Kesarkar, director of the Parvesh Constructions Private Limited, Devisha Infrastructure and Armstrong Infrastructure Pvt Ltd. Following this, a magistrate court in November 2021 had issued summons to them. Bhujbal and others challenged the order before the Bombay High Court.
In 2023, the High Court, relying on a judgment of the Supreme Court, ordered for the cases to be quashed. The Supreme Court order had said that amendments made to the Prohibition of Benami Property Transactions Act, 1988 brought by the Benami Transactions (Prohibition) Amendment Act, 2016 do not have retrospective effect.
At the time, however, a review petition on this issue was also pending in the Supreme Court. The HC had therefore said that Income Tax will have the liberty to revive the proceedings if the Supreme Court reviews its order on the issue.
The order of the Supreme Court in a case titled Union of India vs Ganpati Dealcom Pvt Ltd, was under challenge in a review petition, which was subsequently allowed. While deciding the petition, the Supreme Court also said that cases disposed of based on its previous order, can be reviewed if the aggrieved party approaches court. Based on this, the Income Tax sought restoration of the cases against Bhujbals and others.
“When the review petition is allowed by the Hon’ble Supreme Court, thereby expressly setting aside the earlier precedent, and when there is specific direction of the Hon’ble High Court to revive the proceeding, this Court has left with no option but to restore the original proceeding,” special judge Satyanarayan R Navander said on Tuesday, directing for the records and proceedings to be called from the record department.
Story continues below this ad
Bhujbals’ lawyer had opposed the IT department’s plea stating that the petition in the high court was decided not only on technical grounds but also on merit and hence the restoring of the case should not be allowed. The special court, however, said that the order had not only dealt with merits of the case and was only based on the precedent of the Supreme Court, hence the case can be restored.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
She tweets @sadafmodak ... Read More
